vised: July 1993, December 1996, January 2004
L
AWRENCE
W
ASDEN

Attorney General
700 West State Street
Boise, ID 83720-0010
www.ag.idaho.gov State of Idaho
Office of Attorney General
Lawrence Wasden
For most of us, purchasing a motor vehicle is a significant event in our financial lives.
Consumers need sufficient and accurate information to make informed decisions about their
motor vehicle purchases. Dealers, in turn, depend upon a fair and competitive marketplace. Such
a marketplace can operate effectively, only when all dealers play by the same rules. The rules
must ensure that no one has an unfair advantage.
To ensure truthful automobile advertising, the Office of the Attorney General, in 1993, adopted
Idahos Automobile Advertising and Sales Rule. The Rule is part of the Idaho Rules of
Consumer Protection and has the force of law.
These Guidelines are intended to assist motor vehicle dealers in properly and truthfully
advertising automobiles for sale. These Guidelines do not have the force of law. However, they
do set forth some practices that the Office of the Attorney General considers misleading and
deceptive.
Over the years, the Office of the Attorney General and automobile dealers have enjoyed a
constructive relationship. Often the purchase of a motor vehicle will be, outside the purchase of
a home, the largest or one of the largest purchases a consumer will make. Hence, the need for
accurate information in any advertisement or sale of a motor vehicle is crucial. I thank you for
taking the time to familiarize yourself and complying with applicable law related to advertising
automobiles for sale.
LAWRENCE G. WASDEN
Attorney General
Table of Contents
SCOPE OF THESE GUIDELINES .............................................................................................1
GUIDELINE NO. 1: CLEAR & CONSPICUOUS DISCLOSURES........................................2
GUIDELINE NO. 2: FEDERAL TRUTH IN LENDING & LEASING ACTS .......................5
GUIDELINE NO. 3: INVOICE PRICING ...............................................................................10
GUIDELINE NO. 4: FREE GIFTS............................................................................................13
GUIDELINE NO. 5: BELOW MARKET FINANCING & HIDDEN CHARGES ...............14
GUIDELINE NO. 6: REBATES & DISCOUNTS ....................................................................15
GUIDELINE NO. 7: PRICE ADVERTISING: ........................................................................17
EXAMPLE ADVERTISEMENT VIOLATIONS.....................................................................19
FREQUENTLY ASKED QUESTIONS.....................................................................................24

GUIDELINES FOR MOTOR VEHICLE
ADVERTISING IN IDAHO
SCOPE OF THESE GUIDELINES
To ensure truthful automobile advertising, the Office of the Attorney General, in 1993, adopted
Idahos Automobile Advertising and Sales Rule. The Rule is part of the Idaho Rules of
Consumer Protection and has the force of law.
These Guidelines are intended to assist motor vehicle dealers in properly and truthfully
advertising automobiles for sale. These Guidelines do not have the force of law. However, they
do set forth some practices that the Office of the Attorney General considers misleading and
deceptive. Consequently, a violation of these Guidelines may result in the Office of the Attorney
General pursuing an action under the provisions of the Idaho Consumer Protection Act (CPA)
and Idahos Automobile Advertising and Sales Rule. These Guidelines, though not exhaustive,
should assist dealers in complying with applicable advertising law related to the sale or lease of
an automobile.
The Guidelines are not a comprehensive listing of all deceptive automobile advertising practices.
Neither do the examples provided herein ensure absolute protection against prosecution for
violation of the Consumer Protection Act and applicable Rules. To ensure compliance, dealers
should review their advertisement and sales practices for possible statements and representations
that may have the capacity to mislead or deceive a consumer acting reasonably under the
circumstances.

1 GUIDELINE NO. 1: CLEAR & CONSPICUOUS DISCLOSURES
Rule 232.01 of the Consumer Protection Rules (CPR) requires dealers to disclose all material
terms and conditions of a vehicle sale in a clear and conspicuous manner. Material terms and
conditions are those mandated by law and those, if excluded from the advertisement, would have
the capacity, tendency, or effect of misleading or deceiving consumers acting reasonably under
the circumstances. (CPR 30 discusses misleading conduct in general.)
To be clear and conspicuous, a statement, representation, or term must be located reasonably
close to the term it clarifies, modifies, or explains. Additionally, the disclosure must be
reasonably noticeable and understandable and must not contradict or substantially alter any term
it clarifies, modifies, or explains. (CPR 20 provides definitions for commonly used terms.)
Idaho's Automobile Advertising and Sales Rule specifies that the following terms are subject to
the clear and conspicuous disclosure requirement:
RULE
CITATION

SUMMARY OF THE RULE
CPR 232.01
Requires disclosure of all material terms and conditions regarding the
offer, including those, if absent from the advertisement, would have the
capacity, tendency, or effect of misleading a reasonable consumer.
CPR 232.02
Prohibits using footnotes or asterisks that confuse, contradict, materially
modify, or unreasonably limit a principal message of the ad.
CPR 232.03
Prohibits using print size so small that material terms and conditions are
unnoticeable or hidden at the bottom of the page.
CPR 232.04
Prohibits using inaccurate photos or illustrations to represent specific
vehicles, such as showing a fully-loaded vehicle when the text refers to a
minimally-equipped vehicle.
CPR 232.05
Prohibits using color contrasts that make the text difficult to read.
CPR 232.06
Prohibits using abbreviations that the general public may not understand
and that federal or state law does not recognize. (Approved abbreviations
include A.P.R., M.S.R.P., and O.A.C.).
CPR 233.01.b
Permits excluding the dealers documentation fee from the vehicles
advertised price if the advertisement discloses: PRICE DOES NOT
INCLUDE $______ (insert actual amount charged for dealer
documentation service fee) DEALER DOC. FEE.
CPR 233.02
Requires disclosure of material limitations, including, but not limited to,
(1) the number of in-stock vehicles that are subject to an advertised offer if
the number will not meet reasonably expected public demand; (2) the
inclusive effective dates of the offer if it is effective for 14 days or less or if
the offer ends within 14 days; and (3) any other restrictions that apply to

2 RULE
CITATION

SUMMARY OF THE RULE
the advertised price.
CPR 233.05
Requires disclosure of the dealers price matching policy and any
limitations of the policy. This rule applies to phrases such as meet your
best offer, we wont be undersold, or similar terms that suggest the
dealer will beat or match a competitors price.
CPR 233.07
Requires that dealers who advertise vehicles for sale at prices compared to
invoice, designate that the invoice is the factory or manufacturers
invoice. The advertisement must also include: FACTORY INVOICE
MAY NOT REFLECT DEALERS ACTUAL COST.
CPR 233.08
Requires disclosure that the advertised price applies only to a specified
number of motor vehicles.
CPR 233.09
Requires that dealers who advertise vehicles at buy-down rates include
BELOW MARKET RATE MAY AFFECT PURCHASE PRICE OF
CAR.
CPR 234.01
Requires that dealers who advertise demonstrator vehicles disclose the
year, make, and model of the vehicle and that it is a demonstrator vehicle or
was previously driven.
CPR 234.02
Requires that dealers who advertise executive or official vehicles
disclose the year, make, and model of the vehicle, that it is an executive or
official vehicle, and that it was previously driven. The advertisement must
include the terms Pre-Driven, Previously Driven, or words of similar
meaning.
CPR 234.03
Requires that dealers who advertise the sale of lease-return vehicles
disclose the year, make, and model of the vehicle and that it was previously
leased.
CPR 234.04
Requires that dealers who advertise the sale of any used motor vehicle
disclose the year, make, and model of the vehicle.
CPR 234.05
Requires that dealers who advertise manufacturer rebate programs in
which the dealers financial participation is mandatory include the phrase
DEALER PARTICIPATION IN THE REBATE PROGRAM MAY
INCREASE VEHICLE PRICE BEFORE REBATE.
CPR 234.06
Prohibits dealers from advertising specific trade-in allowances if: the price
of the vehicle is increased because of the amount of the allowance or if the
advertisement fails to disclose that the trade-in allowance is conditioned on
the purchase of additional options or services.
CPR 234.07
Requires that dealers who advertise or offer a dollar range for trade-ins,
such as up to $1,000, disclose the dealers criteria for determining the

3 RULE
CITATION

SUMMARY OF THE RULE
amount of a particular trade.
CPR 235.01
Requires that dealers who advertise credit terms to disclose that the
advertised